Does Overtime Simply Expire?
Many employees accumulate overtime month after month — and at the same time fear it will expire at the end of the year. Whether and when that actually happens depends on several factors: the employment contract, any exclusion periods, the statutory limitation period, and not least whether you have documented your extra work cleanly.
Before you worry about expiry, it is worth looking at the monetary value of your hours: the <a href="/en/overtime-calculator">overtime calculator</a> shows you how much your accumulated overtime, including surcharge, is worth gross and net.
Principle: Ordered Overtime Must Be Compensated
Overtime that the employer ordered, approved or at least tolerated must be compensated — either by payout or by time off in lieu. This claim arises with the work performed. It can, however, be limited by deadlines or modified by valid contract clauses.
Exclusion Periods: The Most Common Expiry Trap
Most employment and collective agreements contain so-called exclusion or forfeiture clauses. They require claims from the employment relationship to be asserted in writing within a certain period — often three to six months. Those who do not claim their overtime in time lose the claim, even if the hours were undisputedly worked.
Such clauses are generally permissible but must meet minimum standards: the period may not be shorter than three months, and the clause must expressly exclude the statutory minimum wage. Faulty clauses are void — when in doubt, a legal review is worthwhile.
Limitation: The Three-Year Boundary
Independently of exclusion periods, the regular statutory limitation of three years applies. It begins at the end of the year in which the claim arose. Overtime from 2026 therefore generally becomes time-barred at the end of 2029. In practice, however, the shorter contractual exclusion periods almost always take effect first.
Documentation Is Decisive
In a dispute, the employee must demonstrate and prove that they worked overtime and that it was prompted or approved by the employer. Keep precise records: date, start and end of work, tasks and who ordered the extra work. A timesheet, confirmed emails or an electronic time-recording system are valuable evidence.
What to Do When Expiry Looms
Assert your overtime in time and in writing, ideally with a concrete list and a deadline for payout or time off. Before you approach your employer, you should know the value of your hours. With the <a href="/en/overtime-calculator">overtime calculator</a> you can quantify in seconds how much is at stake — a good basis for any negotiation.
Conclusion
Overtime does not expire automatically, but it can be lost quickly through exclusion periods. Those who document their extra work, know the contractual deadlines and assert claims in time secure the compensation they have earned. First gain clarity about the monetary value of your hours, then act within the deadlines.